Virginia Code
Va. Code Ann. § 8.01-228 (2026)
Scope of limitations; "personal action" defined
✓ current as of May 2026
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Every action for which a limitation period is prescribed by law must be commenced within the period prescribed in this chapter unless otherwise specifically provided in this Code. As used in this chapter, the term "personal action" shall include an action wherein a judgment for money is sought, whether for damages to person or property.
1977, c. 617.
Notes of Decisions
Cited in 32
cases (3 in the last 5 years), 1980–2025 · leading case: Pigott v. Moran, 341 S.E.2d 179 (Va. 1986).
Pigott v. Moran, 341 S.E.2d 179 (Va. 1986). “Code § 8.01-228 defines "personal action" as "an action wherein a judgment for money is sought, whether for damage to person or property.”
Lavery v. Automation Mgmt. Consultants, Inc., 360 S.E.2d 336 (Va. 1987). “[3] Lavery correctly points out that the revisor's note to Code § 8.01-228 states as follows: "Section 8.”
Jemie Sanchez v. Arlington Cnty. Sch. Bd., 58 F.4th 130 (4th Cir. 2023). “” Va. Code §§ 8.01-228, 8.01-248. According to Sanchez, “[t]his case is an independent action in federal court solely to recover fees, and so is perfectly analogous.”
Conger v. Barrett, 702 S.E.2d 117 (Va. 2010). “[4] See Code § 8.01-228 ("Every action for which a limitation period is prescribed by law must be commenced within the period prescribed.”
Unlimited Screw Prods., Inc. v. Malm, 781 F. Supp. 1121 (E.D. Va. 1991). “See Va.Code §§ 8.01-228, 8.01-233(A). Under Virginia Code § 8.”
Dodson v. Potomac MacK Sales & Serv., Inc., 400 S.E.2d 178 (Va. 1991). “First, Code § 8.01-228 provides in pertinent part that “[ejvery action for which a limitation period is prescribed by law must be commenced within the period prescribed in this chapter unless otherwise specifically provided in this Code” (Emphasis added.”
Horn v. Abernathy, 343 S.E.2d 318 (Va. 1986). “Code § 8.01-228 applies to every personal action “for which a limitation period is prescribed by law”.”
Potomac Hosp. Corp. v. Dillon, 329 S.E.2d 41 (Va. 1985). “01-256 of Chapter 4 (§ 8.01-228 et seq.) (Limitations of Actions), all provisions of this title shall apply to causes of action which arose prior to the effective date of any such provisions; provided, however, that the applicable law in effect on the day before the effective…”
Strickland v. Simpkins, 273 S.E.2d 539 (Va. 1981). “The dignity the legislature attaches to a prescribed limitation period is evidenced by its enactment of Code § 8.01-228, which provides, in pertinent part, that: “Every action for which a limitation period is prescribed by law *735 must be commenced within the period prescribed…”
Purcell v. Tidewater Constr. Corp., 458 S.E.2d 291 (Va. 1995). “” Code § 8.01-228. Purcell’s suit for money damages arising from wrongful termination, therefore, is by definition a personal action subject to the limitation period of Code § 8.”
Allen v. Loudoun Cnty. Sanitation Auth., 81 Va. Cir. 496 (Loudoun Cir. Ct. 2009). ““Action” and “suit” may be used interchangeably and shall include all civil proceedings whether upon claims at law, in equity, or statutory in nature and whether in circuit courts or district courts; Va.”
Glens Falls Ins. v. Stephenson, 367 S.E.2d 722 (Va. 1988). “Moreover, we note that in all other statutes of limitations in Virginia the limitation period is tolled when the action is filed or “commenced,” Code § 8.01-228, and the plaintiff normally may have process served at any time within a year thereafter.”
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